УДК 342.7(571.620) Natalya Aleksandrovna Khridina – Candidate of Sociology, docent of the administrative and office law chair of the Far-Eastern institute of management – branch of RANEPA (Khabarovsk). E-mail: lawclinic-dvi@mail.ru Role of the institute of the Plenipotentiary for human rights in the modern civil society: regional aspect In the article the approaches of fundamental ideas of the civil society by the both foreign and domestic philosophers are considered. For a methodological basis the definition of civil society offered by Ya.V. Zubova who considers the civil society "… as pluralistic system which is made by the citizens with certain actions within the special culture" is accepted. Within the specified definition it is possible to consider formation of the civil society through a prism of cultural component as a direct element of the society as a system, in particular legal culture. In this article the existing mechanisms of legal education of the citizens for the purpose of increase of the level of legal culture are considered. In particular, activity of the Plenipotentiary for human rights in the Khabarovsk territory from the point of view of its role in the formation of legal culture of the citizens as one of the most important quality indicators of extent of socialization of the personality, its social and legal adaptation to the order existing in the society is analyzed. The level of legal culture of the population, in general, and its separate groups and layers, in particular, in no small measure determines a condition of the law and the order in the country, further development of democracy and the civil society. В статье рассмотрены подходы основополагающих идей гражданского общества как зарубежными, так и отечественными мыслителями. За методологическую основу принято определение гражданского общества, предложенное Я.В. Зубовой, которая рассматривает гражданское общество «… как плюралистическую систему, которая производится гражданами определенными действиями в рамках особой культуры». В рамках указанного определения формирование гражданского общества возможно рассматривать через призму культурной составляющей как непосредственного элемента общества как системы, в частности правовой культуры. В статье рассмотрены существующие механизмы правового воспитания граждан с целью повышения уровня правовой культуры. В частности, проанализирована деятельность Уполномоченного по правам человека в Хабаровском крае с точки зрения его роли в формировании правовой культуры граждан как одного из важнейших качественных показателей степени социализации личности, ее социальноправовой адаптации к существующему в обществе порядку. Уровень правовой культуры населения, в целом, и его отдельных групп и слоёв, в частности, в немалой степени определяет состояние правопорядка в стране, дальнейшее развитие демократии и гражданского общества. Keywords: civil society, Plenipotentiary for human rights, legal culture, legal education, democracy, democratic principles, constitutional state, public receptions. Ключевые слова: гражданское общество, Уполномоченный по правам человека, правовая культура, правовое воспитание, демократия, демократические принципы, правовое государство, общественные приемные. In the modern social and economic conditions the knowledge of the right as the bases of civil society gains more and more notable vital importance. The population comes to understanding of that in the changing society the law is the main security measure of the rights and interests. Therefore formation and development of the civil society in Russia is impossible without education of the citizens in the spirit of modern legal ideas, views, representations. Meanwhile, the condition of legal culture is in the society at the insufficiently high level. Thus, it is not only about ignorance of the standards of the current legislation, namely about the non-recognition of the right as a real social force, about disrespect for it, about a lack of due ideas of the major legal principles. Civil society is a quite difficult socio-cultural phenomenon having a set of definitions and measurements. The concept "civil society" was introduced into the scientific circulation in the XVIII century. It is connected with the name of A. Ferposon. Civil society gained further development in the G. Grotion, T. Hobbes, J. Locke's works. It became later a subject of scientific interest of Zh.-Zh. Russo, Ch. L. Montesquieu, W. von Humboldt, etc. Philosophers of the XVIII century didn't identify civil society with the existing state any more, and proceeded from the theory of contractual origin of the state which cornerstone the idea of public contract was. For understanding of the modern concept of civil society important is a position which is put forward by W. von Humboldt who wrote that "... the political system isn't end in itself, it only the means for development of the person" [1, p. 188 – 189]. Humboldt believed that the state activity has to be subordinated to satisfaction of the interests and needs of the person. This provision is important that focuses the state on possible assistance to the formation of civil society. A. de Tocvil in the work "Democracy in America" wrote that the civil society is based on the conscious ability of individuals to association. Interacting on this basis among themselves as the states independent from each other, they provide reproduction and transfer to the future generations of the social and cultural wealth [2]. The analysis of researches of the concept "civil society" allows allocate two of its understandings. The first point of view is traditional according to which the civil society arises along with the emergence of private property and the state. And in this case civil society is used for determination of a condition of the society in which the basic rights and freedoms of the person are provided and protected in the legal plan. By the second determination civil society is a certain sphere of the extra state relations. T. Hobbes and J. Locke were representatives of the concept of civil society and the natural and legal theory. Determining the civil society as a natural state, "war of all against all", Hobbes considered that only the state is capable to protect the individual from this all-out warfare, has to bear responsibility before the subordinates on the condition of their full submission of the power. Coincidence of the concepts of civil society and the state looks at it already "… not as a merger of civil society by the state, and as a certain interaction at which civil society acts at the same time and as the prerequisite of emergence of this type of the state, and as its basic quality". T. Hobbes in his works seeks for achievement of a compromise between the monarchy (as a form of political board) and the bourgeois economy. D. Locke proves a compromise between the monarchy and the republic within the policy which, in his opinion, has to serve the interests of bourgeois development. His ideal the constitutional monarchy with division of the power, where the Supreme legislature belongs to the parliament resolving the issues "at will of the majority" acts. In the works of G.F.V. of Hegel differentiation of the state and civil society is carried out. It is similar to many scientists of our time G.F.V. Hegel considered the civil society a sign of the present and a special stage of the world history. Development of the civil society already assumes existence of the state as its basis: "… The state is rather the first in which the family develops in the civil society and the idea of the state breaks up to these two moments..." [3, p. 278]. The family, on G.F.V. to Hegel, isn't a part of civil society, and is only the prerequisite and a basis of emergence of the last. Civil society represents the sphere of realization of the special, private purposes and interests of the individual. And, at the same time, it acts as a necessary stage of development of the Absolute spirit and the world history representing the interrelation and inter-conditionality of the special and general. In his understanding civil society is the previous development step (the lowest form) in relation to the state acting as the highest form of organization. Thus, the civil society appears the autonomous, not political phenomenon inseparably connected with the state. P.I. Novgorodtsev, proceeding from the superiority of personal consciousness over the whole moral, noted that the moral law can't serve in the adaptability for the personality as an unconditional moral support. He focuses attention not on the state, and on the individual, the personality [4, p. 223]. According to P.I. Novgorodtsev, the formal right of freedom proclaimed by the liberalism is added with the right for ensuring worthy existence: "… The task and essence of the right consists really in protection of a personal liberty, but the care of material conditions of freedom also is necessary for implementation of this purpose: without it freedom of some can remain the empty phrase, the inaccessible benefit assigned to them legally and which is taken away actually" [5, p. 235]." To the democratic idea equally contradicts, –wrote Novgorodtsev, – any class domination, any opposition of one classes to another, all the same, what the classes were, the highest or the lowest. The class and democratic theory what it the socialists tried to make, is contradictio in abjecto" [5, p. 544]. Democracy marked out Novgorodtsev, means "… perhaps the full personal freedom, freedom of its searches, freedom of the competition of opinions and the systems. Democracy – perhaps the full and free manifestation of vital forces, live game of these forces, a scope for various opportunities, openness and width for any manifestations of creativity" [5, p. 544]. And today extremely actually sound the P. I. Novgorodtsev's words: "… The naive and unripe political thought ordinary believes that it is worth overthrowing the old regime and to proclaim freedom of life, universal suffrage, constituent power of the people, and the democracy will be carried out by itself" [5, p. 549]. "… The democracy is impossible, – P.I. Novgorodtsev notes, – without education of people, without the raising of its moral level" [5, p. 549]. Civil society is a special structure with the mechanism of "controls and counterbalances" for all branches of the power. Through the state, adoption of the laws, formation of the government democratic institutions, strict observance by the state of the norms and democratic procedures conditions for the formation of true civil society, favorable conditions of development are created. V.V. Putin in the Message to the Federal Assembly of the Russian Federation on April 25, 2005 offered the effective mechanism of a extricating of the country from the crisis, one of which aspects is strengthening of the civil society capable to become the fullfledged partner to the state. Roots of the Russian failures are in the backwardness of the civil society and inability of the power to speak and cooperate with it. Therefore there is the major task – "… to learn to use instruments of the state for ensuring freedom – personal freedoms, freedom of enterprise, freedom of development of the institutes of civil society" [6]. Dmitriy Medvedev in the appeal to the Public chamber emphasized: "… Mature civil society is... a base, one of the guarantees of sustainable development of our country. And our task is to create such system when the civil structures take part in development of the state policy and in the evaluation of its quality" [7]. It is obviously possible to the author to consider the civil society offered by Ya.V. Zubova [8] as the pluralistic system, created by the citizens within the special culture. Such definition of the civil society allows find its expression in development of the concepts "civil culture", "legal culture". The civil culture is an indicator of initiative nationality, active behavior of the personality in the nationwide affairs. The legal culture, in turn, is determined as a character and a level of activity of the members of civil society in the course of which they acquire or develop their legal knowledge, abilities, skills. The legal culture is, on the one hand, the most important quality indicator of the extent of socialization of the personality, its social and legal adaptation to the order existing in the society and, on the other hand, the most important regulator of behavior of the person in the society. Therefore further development of democracy and civil society in no small measure depend on the level of legal culture of the population, in general, and its separate groups and layers, in particular, a condition of the law and order in the country. The basic element of formation of legal culture of the citizens is the legal education as purposeful and continuous process. The family, educational institutions, public authorities, public organizations, cultural institutions and other organizations and institutes participate in the formation of sense of justice of the citizens. Today at the state level the independent mechanisms of formation of legal culture of the population through development of the system of protection of human rights, ensuring availability to the population of free legal help are created. Creation of the institute of the Plenipotentiary for human rights in the Russian Federation and its inclusion in the constitutional political system are one of activities of the state on development of democratic institutes which are intended for the further strengthening of the status of the personality, guarantees of realization of the rights and freedoms of the person and citizen. According to the Federal constitutional law "About the Plenipotentiary for human rights in the Russian Federation", with the constitution (charter), the law of the subject of the Russian Federation the position of the Plenipotentiary for human rights in the subject of the Russian Federation can be established. It allows say that creation of the institute of the Plenipotentiary for human rights in the subject of the Russian Federation isn't obligatory and depends only on the decision of the regional legislator. With the acceptance in 2006 by the Legislative Duma of the laws "About changes in the Charter of the Khabarovsk territory" and "About the Plenipotentiary for human rights in the Khabarovsk territory" the institute of the Khabarovsk territory in the Khabarovsk territory was officially created. The regional law "About the Plenipotentiary for human rights in the Khabarovsk territory" establishes the Plenipotentiary position for assistance to the citizens in protection of their rights and legitimate interests in the Khabarovsk territory which activity supplements the existing utilities and protection of the rights, legitimate interests, freedoms of the person and the citizen. The law of the Khabarovsk territory "About the Plenipotentiary for human rights in the Khabarovsk territory" puts one of the tasks facing it, participation in the legal education of population of the region concerning protection of the rights and freedoms of the person and the citizen, informing the public authorities, local governments, and also the population of the region about situation in this sphere. This task is realized by the regional authorized by creation of the public receptions and formation of the structure of public assistants. From the moment of creation in the region of the Plenipotentiary for human rights public receptions in the city district "City of Komsomolsk-on-the Amur", and also in the municipal regions of the territory were created. Creation of public receptions in the all municipal areas is a fundamental issue for the Plenipotentiary as solves a problem of availability of this human rights institute to the citizens, allows react quickly to the addresses and petitions from the citizens, to feel a situation on observance of the rights and freedoms of citizens in the territory. The main functions of public receptions are: 1) organization of receptions of the citizens by public assistants; 2) organization of personal receptions of the citizens by the Plenipotentiary, employees of his device; 3) organization of reception of the applications from the citizens and their execution; 4) assistance in registration of the addresses and applications directed to the Plenipotentiary; 5) explanation to the citizens of competence of the Plenipotentiary; 6) rendering legal help to the citizens. The Plenipotentiary for human rights in the Khabarovsk territory for the purpose of increase of legal literacy of the population carries out active interaction with the mass media, "Russia", State TV and Radio Broadcasting Company "Far East", radio "East of Russia" regularly participates in the transfers of TV channels of ITA "Guberniya". Constantly the journalists of newspapers "Tikhookeanskaya Zvezda", "Priamurskie vedomosti", "Molodoy dalnevostochnik", regional newspapers and the other mass media tell about his work. In July, 2012 according to the proposal of the Plenipotentiary for the human rights in the Khabarovsk territory Yu.N. Berezutskiy on the TV company “Guberniya” started a cycle of programs under the heading "The Territory of the right". The programs appear every first Tuesday of month and are devoted to the most topical issues of protection of the rights and freedoms of the citizens. Remarkable is that fact that the Plenipotentiary conducts monitoring of the efficiency of its activity. So, in 2012 The Far-Eastern institute – branch of RANEPA among the residents of the Khabarovsk territory sociological survey was conducted within the project "Observance of the rights and freedoms of the person and citizen and about activity of the Plenipotentiary for the human rights in the Khabarovsk territory". Thus, creation and functioning in the Khabarovsk territory of the institute of the Plenipotentiary for the human rights is an important step in an increase of legal culture of the population of the region as the instrument of formation of the civil society. It should be noted that the institute of the Plenipotentiary gained its development through the creation of specialized plenipotentiaries, such as the Plenipotentiary for children rights in the Khabarovsk territory and the Plenipotentiary for the rights of businessmen in the Khabarovsk territory that allows work more "precisely" with the categories of the population within the legal education. Literature and the sources: 1. История политических и правовых учений XVII – XVIII вв. – М., 1989. – С. 188 – 189. 2. Токвиль, А. Демократия в Америке: / А. Токвиль ; предисл. Г. Дж. Ласки ; пер. с франц. – М. : Прогресс, 1992. 3. Матузов, Н. И. Теория государства и права / Н. И. Матузов. – М. : Юристъ, 2002. – С. 278. 4. Новгородцев, П. И. Кант и Гегель в их учениях о праве и государстве. Два типических построения в области философии права / П. И. Новгородцев. – М., 1901. – С. 223 5. Послание Президента РФ Федеральному собранию Российской Федерации от 25 апреля 2005 года. – М. : Российская газета, 25 апреля, 2004 г. 6. Обращение Д. Медведева к Общественной палате. «Россия – Вести»19/03/2008. 7. Большой энциклопедический словарь Брокгауза – Ефрона в 86 т. – М. : Русское слово, 1996. 8. Зубова, Я. В. Правовое образование в развитии правовой культуры формирующегося гражданского общества в современной России : автореф. … д-ра социол. наук: 22.00.06 / Я. В. Зубова. – Майкоп, 2010.– 53 с. 9. Зубова, Я. В. Гражданское общество: проблемы и противоречия его формирования / Я.В. Зубова // Социально-антропологические проблемы информационного общества. Выпуск 1. – Концепт. – 2013. 10. Доклад Уполномоченного по правам человека в Российской Федерации за 2012 год [Электронный ресурс]. –.– Режим доступа : http://ombudsmanrf.org, свободный. – Загл. с экрана. 11. Закон Хабаровского края от 31.07.2006 №44 (ред. от 28.03.2012) «Об Уполномоченном по правам человека в Хабаровском крае» // Собрание законодательства Хабаровского края. – 12.05.2012.